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PARLIAMENT OF VICTORIA
Police Regulation Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Police Recruits 2
4 Breaches of discipline 2
5 New Division 4A of Part IV inserted 2
Division 4A--Testing of Members for Alcohol or Drugs
of Dependence 2
85A Definitions 2
85B Testing of members in certain circumstances 4
85C Chief Commissioner may have regard to evidence in
certain circumstances 5
85D Taking of sample when member is unconscious or
otherwise unable to comply with direction 6
85E Admissibility of test result in certain proceedings 7
85F Confidentiality of test results 8
85G Offence to disclose identifying information 8
85H Regulations 9
6 Continuation of contempt provisions 10
7 Investigations by Director 10
8 Office of Police Integrity 10
9 New sections 102AB to 102AG inserted 11
102AB Appointment of Director, Police Integrity 11
102AC Remuneration and allowances 12
102AD Terms and Conditions 12
102AE Vacancy and resignation 13
102AF Suspension and removal from office 13
102AG Acting appointment 14
10 Section 102C repealed 15
11 Confidentiality 15
12 New section 102IA inserted 15
102IA Disclosure of information to the Ombudsman 15
13 Director's reports to Parliament 16
561147B.I-31/10/2007 i BILL LA INTRODUCTION 31/10/2007
Clause Page
14 New section 135 inserted 16
135 Transitional provision--Police Regulation
Amendment Act 2007 16
15 Repeal of Act 16
ENDNOTES 17
561147B.I-31/10/2007 ii BILL LA INTRODUCTION 31/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Police Regulation Amendment Bill 2007
A Bill for an Act to amend the Police Regulation Act 1958 to provide
for alcohol and drug testing and to further provide for the Office of
Police Integrity and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Police
Regulation Act 1958 in relation to--
(a) the testing of members of the force,
5 protective services officers, police reservists
and police recruits for alcohol and drugs of
dependence in certain circumstances; and
(b) the Office of Police Integrity.
2 Commencement
10 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
561147B.I-31/10/2007 1 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 3
(2) If a provision of this Act does not come into
operation before 1 January 2009, it comes into
operation on that day.
3 Police Recruits
5 In section 8A(4) of the Police Regulation Act
1958, after "the force" insert "except for the
purposes of Division 4A of Part IV".
4 Breaches of discipline
After section 69(1)(b) of the Police Regulation
10 Act 1958 insert--
"(ba) fails to comply with a direction given under
Division 4A of Part IV; or
(bb) refuses to consent to the use of evidence
derived from a sample in the circumstances
15 referred to in section 85D; or".
5 New Division 4A of Part IV inserted
After Division 4 of Part IV of the Police
Regulation Act 1958 insert--
"Division 4A--Testing of Members for Alcohol
20 or Drugs of Dependence
85A Definitions
In this Division--
critical incident means an incident
involving a member of the force while
25 that member was on duty which--
(a) resulted in the death of, or serious
injury to, a person; and
(b) also involved any one or more of
the following--
30 (i) the discharge of a firearm by
the member;
561147B.I-31/10/2007 2 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 5
(ii) the use of force by the
member;
(iii) the use of a motor vehicle by
the member (including as a
5 passenger) in the course of
the member's duties;
(iv) the death of, or serious injury
to, the person while the
person was in the custody of
10 the member;
drug of dependence has the same meaning
as it has in the Drugs, Poisons and
Controlled Substances Act 1981;
registered medical practitioner has the same
15 meaning as it has in the Health
Professions Registration Act 2005;
serious injury includes an injury that--
(a) is life threatening; or
(b) is likely to result in permanent
20 impairment; or
(c) is likely to require long-term
rehabilitation; or
(d) is, in the opinion of the Chief
Commissioner, of such nature, or
25 occurred in such circumstances,
that the infliction of it is likely to
bring the force into disrepute or
diminish public confidence in it.
561147B.I-31/10/2007 3 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 5
85B Testing of members in certain
circumstances
(1) This section applies to a member of the force
if the Chief Commissioner reasonably
5 believes that the member--
(a) because of the consumption of alcohol
or a drug of dependence by the
member, is incapable of performing his
or her duties, or is inefficient in
10 performing his or her duties; or
(b) has been involved in a critical incident;
or
(c) ought to be tested for alcohol or a drug
of dependence for the good order or
15 discipline of the force.
(2) The Chief Commissioner may, in accordance
with the regulations, direct a member of the
force to whom this section applies to do one
or more of the following--
20 (a) furnish a sample of breath; or
(b) furnish a sample of urine; or
(c) allow a registered medical practitioner
to take from the member a sample of
the member's blood--
25 for the purpose of testing for the presence of
alcohol or a drug of dependence.
(3) The Chief Commissioner--
(a) must not give a direction under
subsection (2) unless satisfied that the
30 results of the testing may be relevant
to--
(i) the management of the member's
performance of his or her duties;
or
561147B.I-31/10/2007 4 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 5
(ii) an investigation under Part IV or
IVA in respect of the member; or
(iii) a proceeding arising out of, or
connected with, any such
5 investigation; and
(b) may give a direction in the
circumstances referred to in subsection
(1)(b) only if--
(i) in the case of a critical incident
10 referred to in paragraph (b)(iii) of
the definition of critical incident,
the direction is given within
3 hours after the critical incident
occurred; or
15 (ii) in the case of any other critical
incident, the direction is given
within a reasonable time after the
critical incident occurred.
(4) No action lies against a registered medical
20 practitioner in respect of anything properly
and necessarily done by the practitioner in
the course of taking any sample which the
practitioner believes on reasonable grounds
was required or allowed to be taken from any
25 member under this Division.
(5) Nothing in this section affects the operation
of Part 5 of the Road Safety Act 1986.
85C Chief Commissioner may have regard to
evidence in certain circumstances
30 The Chief Commissioner may have regard to
evidence derived from a sample obtained in
accordance with a direction made under this
Division in--
(a) managing the member's performance of
35 his or her duties; or
561147B.I-31/10/2007 5 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 5
(b) in any investigation under Part IV or
IVA in respect of the member; or
(c) in any proceeding arising out of, or
connected with, any such investigation.
5 85D Taking of sample when member is
unconscious or otherwise unable to
comply with direction
(1) If a member of the force whom the Chief
Commissioner believes was involved in a
10 critical incident is unconscious or is
otherwise unable to comply with a direction
given to him or her, the Chief Commissioner
may direct a registered medical practitioner
to take from the member a sample of the
15 member's blood for analysis for the purpose
of testing for the presence of alcohol or a
drug of dependence.
(2) If a sample of a member's blood is taken in
the circumstances referred to in
20 subsection (1), the Chief Commissioner
must, upon the member regaining
consciousness or otherwise becoming able to
comply with a direction given to him or her,
advise the member--
25 (a) of the taking of the sample; and
(b) that he or she may refuse to consent to
the use of any evidence derived from
the sample; and
(c) that a refusal to consent to the use of
30 the evidence constitutes a breach of
discipline under section 69.
561147B.I-31/10/2007 6 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 5
(3) Evidence derived from a sample obtained in
accordance with a direction under
subsection (1) must be destroyed if the
member from whom the sample was taken
5 refuses to consent to the use of the evidence
in the circumstances set out in that
subsection.
(4) The Chief Commissioner must cause any
sample taken under subsection (1) and in
10 respect of which consent is refused under
subsection (2) to be destroyed.
(5) Nothing in this section affects the operation
of Part 5 of the Road Safety Act 1986.
85E Admissibility of test result in certain
15 proceedings
(1) Evidence derived from a sample obtained in
accordance with a direction made under
section 85B or 85D is inadmissible in any
proceeding in a court, tribunal or before a
20 person or body authorised to hear and
receive evidence.
(2) Subsection (1) does not apply--
(a) in a proceeding under the Accident
Compensation Act 1985 to rebut or
25 support an allegation that the presence
of alcohol or a drug of dependence
contributed to the injury in respect of
which the proceeding was commenced;
or
30 (b) in a prosecution under the
Occupational Health and Safety Act
2004 to rebut or support an allegation
that the presence of alcohol or a drug of
dependence contributed to the
35 occurrence of the act, matter or thing
561147B.I-31/10/2007 7 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 5
constituting the offence in respect of
which the prosecution is brought; or
(c) in a proceeding arising out of, or
connected with, an investigation under
5 Part IV or IVA in respect of the
member; or
(d) in a proceeding arising out of, or
connected with, a critical incident.
(3) Subsection (2) does not apply to evidence
10 derived from a sample obtained in
accordance with a direction made under
section 85D if the member from whom the
sample was taken refuses or has refused to
consent to the use of the evidence in the
15 circumstances set out in section 85D(2).
(4) In this section, a proceeding includes a
coronial inquest or inquiry.
85F Confidentiality of test results
The Chief Commissioner must ensure that
20 the result of any test conducted in
accordance with a direction given under this
section is handled in accordance with the
regulations.
85G Offence to disclose identifying information
25 (1) A person must not, other than as required or
authorised by this Act or the regulations,
disclose to any other person the identity of a
person to whom or in respect of whom a
direction is given under this Division.
30 Penalty: 60 penalty units.
561147B.I-31/10/2007 8 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 5
(2) Subsection (1) does not apply to disclosure
by--
(a) the person to whom or in respect of
whom a direction is given under this
5 Division; or
(b) the Director or a member of staff of the
Office of Police Integrity.
Note
See section 102G(4) for a corresponding
10 offence applicable to the Director and members
of staff of the Office of Police Integrity.
(3) Subsection (1) does not apply to the
disclosure of information in a proceeding of
a kind referred to in section 85E(2).
15 85H Regulations
The regulations may make provision for or
with respect to--
(a) the persons authorised--
(i) to administer breath tests or to
20 conduct breath analyses or other
tests for the purpose of detecting
the presence of alcohol or drugs of
dependence; and
(ii) to operate equipment for that
25 purpose;
(b) the circumstances in which a breath
sample, a urine sample or a blood
sample may be taken;
(c) the procedure for the taking of samples
30 of breath, urine or blood;
(d) the devices used in carrying out the
breath tests, breath analyses and other
tests, including the calibration,
inspection and testing of those devices;
561147B.I-31/10/2007 9 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 6
(e) the accreditation of persons conducting
analyses for the presence of drugs of
dependence;
(f) the procedure for the handling and
5 analysis of samples of urine or blood;
(g) offences relating to interference with
test results or the testing procedure;
(h) the handling and confidentiality of test
results.".
10 6 Continuation of contempt provisions
Section 86KD of the Police Regulation Act 1958
is repealed.
7 Investigations by Director
After section 86P(5) of the Police Regulation Act
15 1958 insert--
"(6) The Director must not include in any report
under subsection (5)(a)(ii) or (iii) any
information that discloses the identity of a
person to whom, or in respect of whom, a
20 direction has been given under Division 4A
of Part IV.".
8 Office of Police Integrity
In section 102A of the Police Regulation Act
1958--
25 (a) in subsection (2) omit ", who is to be the
same person as the person who holds office
as Ombudsman";
(b) subsections (3) and (4) are repealed.
561147B.I-31/10/2007 10 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 9
9 New sections 102AB to 102AG inserted
After section 102A of the Police Regulation Act
1958 insert--
"102AB Appointment of Director, Police Integrity
5 (1) The Governor in Council may appoint an
eligible person as Director.
(2) A person is an eligible person if the
Governor in Council is satisfied that he or
she--
10 (a) has been, or is qualified for
appointment as a judge of--
(i) the High Court; or
(ii) the Federal Court; or
(iii) the Supreme Court of a State or
15 Territory; or
(iv) the County Court or a court of
another State or Territory of
equivalent status to the County
Court; and
20 (b) has the ability to carry out the functions
and powers of the Director; and
(c) is not a member of the Parliament of
Victoria or of the Commonwealth or of
another State or a Territory of the
25 Commonwealth; and
(d) is not, and has not been, a member of
the force; and
(e) is not, and has not been in the period of
5 years immediately preceding the
30 proposed date of appointment, a
member of the police force of the
Commonwealth or of another State or
Territory of the Commonwealth.
561147B.I-31/10/2007 11 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 9
(3) The Director must not, without the written
approval of the Governor in Council--
(a) apply for, or hold, a licence or permit to
conduct any trade, business or
5 profession; or
(b) conduct any trade, business or
profession; or
(c) accept any other employment.
102AC Remuneration and allowances
10 (1) The Director is entitled to be paid the
remuneration and allowances that are
determined by the Governor in Council.
(2) The remuneration of the Director cannot be
reduced during his or her term of office
15 unless he or she consents to the reduction.
102AD Terms and Conditions
(1) Subject to sections 102AE and 102AF, the
Director--
(a) holds office for the period, not
20 exceeding 5 years, specified in his or
her instrument of appointment; and
(b) is eligible for re-appointment; and
(c) holds office on the terms and conditions
specified in his or her instrument of
25 appointment.
(2) If a person who has been a judge of the
Supreme Court or County Court is appointed
as Director, the appointment does not affect
any pension or other rights or privileges the
30 person has as a former judge.
561147B.I-31/10/2007 12 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 9
102AE Vacancy and resignation
The Director ceases to hold office if he or
she--
(a) resigns by notice in writing delivered to
5 the Governor in Council; or
(b) becomes an insolvent under
administration; or
(c) is convicted of an indictable offence or
an offence that, if committed in
10 Victoria, would be an indictable
offence; or
(d) nominates for election for the
Parliament of Victoria or of the
Commonwealth or of any other State or
15 any Territory of the Commonwealth; or
(e) is removed from office under
section 102AF.
102AF Suspension and removal from office
(1) The Governor in Council may suspend the
20 Director from office on any of the following
grounds--
(a) misconduct;
(b) neglect of duty;
(c) disability;
25 (d) any other ground on which the
Governor in Council is satisfied that the
Director is unfit to hold office.
(2) The Minister must cause to be laid before
each House of Parliament a full statement of
30 the grounds of suspension within 7 sitting
days of that House after the suspension.
561147B.I-31/10/2007 13 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 9
(3) The Director must be removed from office
by the Governor in Council if each House of
Parliament, within 20 sitting days after the
day when the statement is laid before it,
5 declares by resolution that the Director ought
to be removed from office.
(4) The Governor in Council must remove the
suspension and restore the Director to office
unless each House makes a declaration of the
10 kind specified in subsection (3) within the
time specified in that subsection.
102AG Acting appointment
(1) The Governor in Council may appoint a
person to act in the office of Director--
15 (a) during a vacancy in that office; or
(b) during a period or all periods when the
person holding that office is absent
from duty or is, for any reason, unable
to perform the duties of the office.
20 (2) An appointment under subsection (1) is for
the period, not exceeding 6 months, that is
specified in the instrument of appointment.
(3) A person appointed under subsection (1) is
eligible for reappointment.
25 (4) The Governor in Council may at any time
remove the acting Director from office.
(5) While a person is acting in the office of
Director, the person--
(a) has, and may exercise, all the powers
30 and must perform all the duties of that
office; and
561147B.I-31/10/2007 14 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 10
(b) is entitled to be paid the remuneration
and allowances that the Director would
have been entitled to for performing
those duties.".
5 10 Section 102C repealed
Section 102C of the Police Regulation Act 1958
is repealed.
11 Confidentiality
After section 102G(3) of the Police Regulation
10 Act 1958 insert--
"(4) The Director or a member of staff of the
Office of Police Integrity must not, other
than as required or authorised by this Act or
the regulations, disclose to any other person
15 the identity of a person to whom or in respect
of whom a direction is given under
Division 4A of Part IV.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
20 (5) Subsection (4) does not apply to the
disclosure of information in a proceeding of
a kind referred to in section 85E(2).".
12 New section 102IA inserted
After section 102I of the Police Regulation Act
25 1958 insert--
"102IA Disclosure of information to the
Ombudsman
The Director may disclose to the
Ombudsman any information obtained or
30 received in the course of or as a result of the
exercise of the functions of the Director
under this Act, being information relevant to
the performance of functions or duties by the
Ombudsman.".
561147B.I-31/10/2007 15 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
s. 13
13 Director's reports to Parliament
After section 102J(2) of the Police Regulation
Act 1958 insert--
"(3) The Director must not include in any report
5 under this section any information that
discloses the identity of a person to whom, or
in respect of whom, a direction has been
given under Division 4A of Part IV.".
14 New section 135 inserted
10 After section 134 of the Police Regulation Act
1958 insert--
"135 Transitional provision--Police Regulation
Amendment Act 2007
Despite anything to the contrary in
15 section 102AB, the person who held the
office of Director immediately before the
commencement of that section continues to
hold office as Director on and after that
commencement on the same terms and
20 conditions until the earliest of the
following--
(a) a new appointment is made under
section 102AB; or
(b) the person's term of office ends; or
25 (c) the person resigns or is removed from
office.".
15 Repeal of Act
This Act is repealed on 1 January 2010.
561147B.I-31/10/2007 16 BILL LA INTRODUCTION 31/10/2007
Police Regulation Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561147B.I-31/10/2007 17 BILL LA INTRODUCTION 31/10/2007
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